Question

1. What facts would support Leonard’s primary argument as to why this commercial was a unilateral offer to contract?2. If the languagein the catalog order form had allowed a consumer to write in the item (rather than check a box next to the time), would that change the outcome of the case?

Pepsi produced a television advertisement promoting its Pepsi Points program whereby consumers could obtain points by purchasing Pepsi products, or for a certain dollar figure, and then redeem the points for certain apparel and other items found in a catalog. The advertisement featured many of the apparel items and, in an obvious joke, a Harrier Jet for 7,000,000 points. Leonard noticed the catalog did not include the Harrier Jet, so he wrote the item on the order form and sent the order to Pepsi with a check for $700,000, the amount necessary to purchase the requisite points as stated in the advertisement. Pepsi refused to transfer title on the basis that no contract existed.